Understanding OSHA’s New Walkaround Representative Rule: What Employers Need to Know

  • OSHA Compliance

Understanding OSHA’s New Walkaround Representative Rule: What Employers Need to Know

Walkaround representative present during a workplace safety inspection
The Occupational Safety and Health Administration (OSHA) recently issued a final rule on March 29, 2024, which was published in the Federal Register on April 1st, and became a final rule on May 31st. For those employers working in a state that is an OSHA-approved State Plan, they will have six months to adopt the updated standard or develop their own standard that is at least as effective.

Expansion of Employee Rights Under the Updated OSHA Standard

Regardless of your jurisdiction responsibilities, employers should know that this updated standard expands an employee’s right to the presence of a third-party representative who will not be affiliated with the company. This is a change from the general requirement in the past that all employee representatives be employees of the employer. As an employer, you may come to expect a Compliance Safety and Health Officer (CSHO) to deem a third-party representative “reasonably necessary” based on his/her knowledge, skills, or experience with hazards or conditions in the workplace that is under inspection.

Role of the Third-Party Representative During OSHA Inspections

If you encounter a CSHO using a third-party representative, understand that their role will be limited. They will accompany the CSHO during the walkaround portion and possibly ask clarifying questions, as well as attending the opening and closing conferences. If requested by the employee, the representative may attend the private employee interview(s) conducted by the CSHO. If anything else is experienced, ensure you ask the CSHO for any deviations from what is expected.

Adapting to State Plan OSHA Programs

As an employer, it can be difficult to follow when something is published as a final rule, much less when a state plan OSHA program adopts it. Therefore, involvement in an association or knowing a reputable consulting firm can help your business navigate through the already many regulatory requirements.

Staying Compliant with OSHA Regulations

To ensure your business remains compliant with OSHA’s new walkaround representative rule, consider the following steps:

  • Stay Informed: Regularly check for updates from OSHA and your state’s OSHA-approved State Plan.
  • Consult Experts: Partner with a reputable consulting firm that specializes in OSHA compliance.
  • Employee Training: Train your employees on the new rule and what to expect during inspections.
  • Document Procedures: Have clear procedures in place for handling inspections with third-party representatives.

The new OSHA walkaround representative rule introduces significant changes for employers. By understanding these changes and preparing accordingly, you can ensure your business remains compliant and your employees are well-informed. Stay proactive, consult experts, and keep abreast of regulatory updates to navigate this new landscape effectively.

Share the Post:
About the Author:
Picture of Jessie Atencio

Jessie Atencio

Mr. Atencio serves as the General Manager at Premier Risk Management, overseeing operations with nearly two decades of experience in managing the Arizona Division of Occupational Safety and Health OSHA State Plan. With a Bachelor of Science in Environmental and Occupational Health, he holds certifications including Registered Safety Professional, IBOEHS, Construction Safety and Health Technician, BCSP, and Certified EHS Manager, ISO 45001. His expertise spans executing business strategies, implementing safety plans, and ensuring compliance with OSHA and consensus standards.
View more articles by Jessie Atencio

Table of Contents

Related Posts

Tagged , , , ,